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2025 DAILYLAW 33592 (BOM)

MADHUKAR DAMODAR UGALMUGALE AND OTHERS v. THE STATE OF MAHARASHTRA AND ANOTHER

APPLN/4134/2023 · 2025-03-26

Shri Rohit W Joshi, Smt Vibha Kankanwadi

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Judgment text

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cria-4134.23 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4134 OF 2023 1) Madhukar S/o Damodar Ugalmugale, Age-71 years, Occu:Nil, (Uncle-in-law of R/2), 2) Deepak S/o Madhukar Ugalmugale, Age-45 years, Occu:Service, (Brother-in-law of R/2), Applicant Nos. 1 and 2, R/0-House No.128, Near Shani Temple, Bhagatsing Marg, Taluka and Dist-Dewas 455001 (M.P.), 3) Sandhya W/o Rajendra Awhad, Age-48 years, Occu:Household, (Sister-in-law of R/2), 4) Sachin S/o Rajendra Awhad, Age-48 years, Occu:Household, (Nephew of R/2), 5) Aakash @ Aashu S/o Rajendra Awhad, Age-33 years, Occu:Labour, (Nephew of R/2), Applicant Nos. 3 to 5, R/o-SRPF Group No.6, 500 Quarter, Building No.D-01, Room No.07, Saakri Road, District-Dhule-424001 ...APPLICANTS VERSUS 1) The State of Maharashtra, Through its Officer-in-Charge, Dhule Taluka Police Station, District-Dhule, 2025:BHC-AUG:9413-DB cria-4134.23 2 2) Vaishali Wd/o. Ajay Ugalmugale @ Vaishali D/o. Subhash Gavate, Age-34 years, Occu:Household, R/o-C/o-Mr. Subhash S/o Pandurang Gavate, Anandkheda, Taluka and District-Dhule 424302. ...RESPONDENTS ... Mr. Shantanu A. Deshpande Advocate for Applicants. Mr. N.R. Dayama, A.P.P. for Respondent No.1. Mr. Sandip R. Andhale Advocate for Respondent No.2. ... CORAM: SMT. VIBHA KANKANWADI AND ROHIT W. JOSHI, JJ. DATE : 26th MARCH, 2025 ORDER [PER SMT. VIBHA KANKANWADI, J.] : 1. Present Application has been filed for quashing the proceedings in R.C.C. No. 223 of 2023 pending before the learned Chief Judicial Magistrate, Dhule arising out of the First Information Report vide Crime No.454 of 2022 registered with Dhule Taluka Police Station, Dhule on 4th August 2022, for the offence punishable under Sections 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code. 2. Heard learned Advocate Mr. Deshpande for the applicants, learned APP Mr. Dayama for respondent No.1 and learned cria-4134.23 3 Advocate Mr. Andhale for respondent No.2. 3. The matter is arising out of the matrimonial dispute. It appears that husband of respondent No.2 expired on 13th June 2023. Present applicants are the relatives of husband of respondent No.2. During the pendency of this Application, compromise has been arrived at between the applicants and the informant – respondent No.2. As per the terms of compromise, to secure the future and interests of two children of respondent No.2, the applicants have decided to pay an amount of Rs.10,00000/- and respondent No.2 has decided not to pursue with the proceedings pending before the learned Chief Judicial Magistrate, Dhule. Accordingly, the terms of settlement have been filed and those have been got verified through the learned Registrar (Judicial) of this Court and he has submitted report on 15th January 2025. Taking into consideration the terms of compromise, we find that this is a fit case where we should exercise our powers under Section 482 of the Code of Criminal Procedure for quashing the proceedings. Hence, the following order:- cria-4134.23 4 O R D E R (I) The Application stands allowed. (II) The proceedings in R.C.C. No. 223 of 2023 pending before the learned Chief Judicial Magistrate, Dhule arising out of the First Information Report vide Crime No.454 of 2022 registered with Dhule Taluka Police Station, Dhule on 4th August 2022, for the offence punishable under Sections 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code, stands quashed and set aside as against applicant Nos. 1 to 5 i.e. - 1) Madhukar S/o Damodar Ugalmugale, 2) Deepak S/o Madhukar Ugalmugale, 3) Sandhya W/o Rajendra Awhad, 4) Sachin S/o Rajendra Awhad and 5) Aakash @ Aashu S/o Rajendra Awhad. [ROHIT W. JOSHI] [SMT. VIBHA KANKANWADI] JUDGE JUDGE asb/MAR25